"Children are not a one-size-fits-all situation." That’s what a family law judge once said, and it stuck with me. Parenting orders aren’t meant to be set in stone—they're built to support what’s best for your child. But what happens when life changes? Your job moves you across the state. Your child starts high school and wants a different routine. Your ex won’t cooperate. Can you change the parenting orders?
Absolutely. But it’s not as easy as just asking.
Children are not a one-size-fits-all situation.
When Can You Apply to Change Parenting Orders?
Let’s start here. The courts don’t want to see people back every few months arguing over tweaks. So, they’ve set a clear benchmark: there must be a significant change in circumstances.
That could be:
- One parent relocating interstate or overseas
- A new partner moving into the home
- Changes in a child’s health, schooling, or emotional wellbeing
- Evidence of risk to the child’s safety or development
- One parent consistently breaching the existing orders
In short: if something important has changed since the original orders were made, the court may be willing to revisit them.
What the Court Actually Cares About
Family law isn’t about punishing one parent or rewarding another. The court’s guiding principle is always the same: what’s in the best interests of the child? Everything revolves around that.
If you’re thinking about applying to change parenting orders, you’ll need to show:
- That the current arrangement no longer works or may be harmful
- That the proposed change better supports the child’s wellbeing
- That it’s not just a disagreement or inconvenience
At Collier Family Lawyers Cairns, we often see cases where one parent is frustrated, but there’s no legal ground to change the order. That’s a hard conversation—but an important one.
What’s the Process?
Here’s what to expect:
- Attempt Mediation First – You’re generally required to try Family Dispute Resolution before going to court (unless there's a risk to safety or urgency).
- File an Application – If mediation fails or is inappropriate, you can apply to the Family Court to vary the existing orders.
- Prepare Your Evidence – This isn’t a casual chat. You’ll need detailed documentation—proof of changed circumstances, communication logs, reports if applicable.
- Court Hearing – A judge will review everything and decide whether a variation is justified.
Keep in mind: the court won’t just change orders because a child “wants to live with the other parent now.” Wishes matter—but only alongside broader context and evidence.
Common Pitfalls to Avoid
- Making informal changes without documentation – Even if both parents agree, you should formalise the change through consent orders to avoid future disputes.
- Going to court without proper advice – Family law is technical, and the smallest mistake can cost you time, money, or even custody.
- Ignoring compliance issues – If the other parent is breaching orders, don’t just stop following them yourself. Get legal advice and act through the correct channels.
Final Thoughts
Parenting orders should work for your child—not box them into a situation that no longer fits. Life changes. Kids grow. Families evolve.
If you’re unsure whether your circumstances justify a change, the best move is to get tailored legal advice. At Collier Family Lawyers Cairns, we’ll help you weigh your options, understand the risks, and act with clarity.
Because nothing’s more important than doing right by your child—and the law is here to support that.
